Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 OP(C) NO. 1713 OF 2024 POP NO.23 OF 2023 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT, THRISSUR PETITIONER/S: SEEMON P.C AGED 53 YEARS S/O PORATHUR VEETIL CHELLAPPAN, CHITTILAPPILLY VILLAGE AND DESOM, CHITTILAPPILLY P.O, THRISSUR, PIN - 680551 BY ADVS. SABU GEORGE P.B.KRISHNAN (SR.) P.B.SUBRAMANYAN MANU VYASAN PETER RESPONDENT/S:
1 REJINI P.C,AGED 46 YEARS W/O THALCHIRA VEETIL T.P.JOY, MEENA NAGAR, KALMANAPAM DESOM, PALAKKAD, PIN - 678001 2 C.K.ELSY,AGED 77 YEARS W/O PORATHUR VEETIL CHELLAPPAN, CHITTILAPPILLY VILLAGE AND DESOM, CHITTILAPPILLY P.O, THRISSUR, PIN - 680551 3 BASTIN P.C,AGED 49 YEARS S/O PORATHUR VEETIL CHELLAPPAN, CHITTILAPPILLY VILLAGE AND DESOM, CHITTILAPPILLY P.O, THRISSUR, PIN - 680551 4 GREENA GEORGE,AGED 59 YEARS W/O GEORGE, EDAKKALATHOOR HOUSE, PONNOR P.O, THOLOOR VILLAGE, THRISSUR, PIN - 680552 5 LAINI BABU FRANCIS,AGED 46 YEARS W/O BABU FRANCIS, CHEERAN VEETIL, PURANATTUKARA P.O,
PURANATTUKARA VILLAGE, THRISSUR, PIN - 680551 6 THE SUB REGISTRAR,MUNDOOR SUB REGISTRAR OFFICE, MUNDOOR P.O., THRISSUR, PIN - 680541 7 DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003 BY ADV G.SREEKUMAR (CHELUR) OTHER PRESENT: GP SRI. S. UNNIKRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
(Dated this the 28th day of March 2025) The petitioner was the 1st defendant in P.O.P.No.23 of 2023 on the files of the Sub Court, Thrissur. The 1st respondent was the plaintiff therein. The 2nd respondent is the mother of petitioner and respondent Nos.1 and 3 to 5.
2. The suit is filed for cancellation of 4 title deeds
executed by the 2nd respondent on the allegation that those were executed by the petitioner exploiting the weakness of the 2nd respondent, who is suffering from Alzheimers disease and various other ailments. The 2nd respondent is residing with the petitioner. The documents were executed by the 2nd respondent, knowing fully the nature and contents therein. I.A. No.6 of 2023 was filed to produce the mother before the court for ascertaining her physical and mental health. Another application was filed as I.A. No.8 of 2023 by the 1st
respondent, for appointing an Advocate commissioner for ascertaining and report on physical and mental health of the 2nd respondent, with the assistance of a Doctor of the Primary Health centre. The petitioner filed objection to the said application. A similar application was again filed as I.A. No.9 of 2024 by the 1st respondent.
3. On 24.5.2024, it was reported before the court that the 2nd respondent is bedridden. On 12.07.2024, by Ext.P14
order in I.A.No.6 of 2023, the trial court has ordered the
petitioner to produce 2nd respondent before the court. The said order is under challenge in this O.P.(C).
4. Counsel for the petitioner as well as the
respondents submit that the 2nd respondent is now bedridden and she cannot be brought to the court, as ordered in Ext.P14. Therefore, an Advocate Commissioner can be appointed to
nd ascertain the physical and mental health of the 2 respondent with the assistance of a Doctor of a Primary Health centre. Therefore, Ext.P14 is set aside and the court below is directed to appoint an Advocate Commissioner to report as to the physical and mental health of the 2nd respondent with the assistance of a Doctor of a Primary Health Centre. The Advocate Commissioner as well as the Doctor, shall report the points sought for, in I.A.No.9 of 2024. With these directions, this O.P.(C.) is disposed of. Sd/- BASANT BALAJI JUDGE
dl/ APPENDIX OF OP(C) 1713/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY PLAINT DATED 14-11-2023 IN POP NO.23 OF 2023 ON THE FILE OF THE ADDITIONAL SUBORDINATE JUDGE’S COURT-I, THRISSUR Exhibit-P2 A TRUE COPY OF I.A NO.3 OF 2023 IN POP NO.23 OF JUDGE’S COURT-I, THRISSUR, DATED 14-11-2023 Exhibit-P3 A TRUE COPY OF I.A NO.6 OF 2023 IN POP NO.23 OF JUDGE’S COURT-I, THRISSUR, DATED 25-11-2023 Exhibit-P4 A TRUE COPY OF I.A NO.7 OF 2023 IN POP NO.23 OF JUDGE’S COURT-I, THRISSUR, DATED 25-11-2023 Exhibit-P5 A TRUE COPY OF I.A NO.8 OF 2023 IN POP NO.23 OF JUDGE’S COURT-I, THRISSUR, DATED 02-12-2023 Exhibit-P6 A TRUE COPY OF THE OBJECTION IN I.A NO.6 OF 2023 IN POP NO.23 OF 2023 ON THE FILE OF THE DATED 08-01-2024 Exhibit-P7 A TRUE COPY OF THE OBJECTION IN I.A NO.7 OF 2023 IN POP NO.23 OF 2023 ON THE FILE OF THE DATED 05-01-2024 Exhibit-P8 A TRUE COPY OF THE OBJECTION IN I.A NO.8 OF 2023 IN POP NO.23 OF 2023 ON THE FILE OF THE DATED 08-01-2024 Exhibit-P9 A TRUE COPY OF I.A NO.9 OF 2024 IN POP NO.23 OF JUDGE’S COURT-I, THRISSUR, DATED 31-01-2024 Exhibit-P10 A TRUE COPY OF I.A NO.10 OF 2023 IN POP NO.23 OF JUDGE’S COURT-I, THRISSUR, DATED 31-01-2024 Exhibit-P11 A TRUE COPY OF THE DAILY STATUS OF POP NO.23 OF JUDGE’S COURT-I, THRISSUR ON 24-05-2024 Exhibit-P12 A TRUE COPY OF I.A NO.11 OF 2024 IN POP NO.23 OF JUDGE’S COURT-I, THRISSUR, DATED 28-06-2024 Exhibit-P13 A TRUE COPY OF I.A NO.13 OF 2024 IN I.A NO.6 OF 2023 IN POP NO.23 OF 2023 ON THE FILE OF THE DATED 24-07-2024 Exhibit-P14 A TRUE COPY OF THE ORDER DATED 12-07-2024 IN I.A
NO.6 OF 2023 IN POP NO.23 OF 2023 ON THE FILE OF THE ADDITIONAL SUBORDINATE JUDGE’S COURT-I, THRISSUR
Exhibit-P15 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 02- 08-2024 ISSUED BY DR. ANTO FRANCIS, ELITE MISSION HOSPITAL Exhibit-P16 A TRUE COPY OF THE PLAINT IN OS NO.110 OF 2024 ON THE FILE OF THE IIND ADDITIONAL SUBORDINATE JUDGE’S COURT, THRISSUR, DATED 13-03-2024 RESPONDENT EXHIBITS Exhibit R1(a) Copy of the Medical Certificate of R2 Exhibit R1(b) TRUE COPY OF PETITION NO. I.A. NO. 16/2024 IN POP NO. 23/2023 FILED BY THE PETITIONER /1ST RESPONDENT BEFORE LEARNED SUB COURT , THRISSUR